An Oral Lease May Be Valid

On behalf of McAdams Law on Monday, January 3, 2011.

In New York State, an oral lease is valid for terms of under a year. So if you had a verbal agreement with your landlord for a short-term lease, or its renewal, as long as the term doesn't exceed one year it may be binding. If the landlord tries to evict you before then, you have a right of occupancy up to the end of the agreed-upon term. The question is how to prove it to a judge. This is why it's best to have agreements in writing. However, depending on the facts, it's possible to argue that your tenancy should survive a premature eviction. If you win in Court, the suit against you would then have to be dismissed. It works both ways, though - if you agreed to stay, and want to leave prior to the term you verbally agreed to, you may be liable for the additional rent.

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